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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 43

Manufacturing non - compliant retail packaging of tobacco products under a contract with a constitutional corporation

  (1)   A person contravenes this subsection if:

  (a)   the person (the m a nufacturer ) manufactures any of the following retail packaging of tobacco products:

  (i)   a container for retail sale;

  (ii)   a container for retail sale that contains or will contain smaller containers;

  (iii)   a plastic or other wrapper that covers or will cover a container or containers for retail sale;

  (iv)   a plastic or other wrapper that covers or will cover a tobacco product that is for retail sale; and

  (b)   the retail packaging is manufactured under a contract with a constitutional corporation; and

  (c)   a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and

  (d)   the retail packaging does not comply with a tobacco product requirement.

Note:   There is an exception to this subsection in section   49 (non - compliant tobacco products for export).

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   2,000 penalty units.

Note:   See section   50 in relation to the physical elements of the offence.

  (3)   For the purposes of subsection   ( 2), strict liability applies to:

  (a)   the element of the offence that the packaging is retail packaging; and

  (b)   paragraph   ( 1)(b).

Note:   For strict liability in relation to a physical element of an offence, see subsection   6.1(2) of the Criminal Code .

Strict liability offence

  (4)   A person commits an offence of strict liability if the person contravenes subsection   ( 1).

Penalty:   60 penalty units.

Note:   For offences of strict liability, see subsection   6.1(1) of the Criminal Code .

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   2,000 penalty units.

Note:   It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section   94 of the Regulatory Powers Act ).


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